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Judgment
In this M.A. No. 107/2023, applicant has pointed out that respondent-UPPCB by referring to this Tribunal’s order dated 29.01.2021 passed in O.A. No. 162/2020 has imposed Environmental Compensation of Rs. 90,06,250/- upon applicant without giving any show cause notice against the said Environmental Compensation. He submits that earlier, a show cause notice dated 11.11.2020 was issued to applicant by Chief Environmental Officer, Circle Board, Uttar Pradesh Pollution Control Board proposing Environmental Compensation of Rs. 10,37,500/- which was replied by applicant by letter dated 19.11.2020. Thereafter, Tribunal passed order on 29.01.2021 in O.A. No. 162/2020 and Tribunal nowhere said that principles of ‘Natural Justice’ shall not be complied with before imposing Environmental Compensation.
UPPCB, however, without issuing any show cause notice passed impugned order dated 17.05.2021 imposing Environmental Compensation of Rs. 90,06,250/- which is in violation of principles of ‘Natural Justice’.
Shri Pradeep Misra, Learned Counsel for UPPCB when questioned stated that order dated 17.05.2021 has been passed pursuant to the Tribunal’s order dated 29.01.2021 passed in O.A. No. 162/2020, but could not dispute that this Tribunal nowhere permitted UPPCB to impose Environmental Compensation without giving opportunity of hearing to applicant.
In view thereof and with the agreement of learned Counsel for the parties, we dispose of this Application by directing UPPCB to treat order dated 17.05.2021 as a show cause notice. The applicant, if submits reply to the said Notice within three weeks from today, the same shall be considered and a speaking final order shall be passed by UPPCB thereafter, by considering applicant’s reply.
With the above direction, this Application is disposed of.